Protecting The Child Bride: Following Texas' Middle-Ground Approach, Wendy Ross

University of Arkansas at Little Rock Law Review

No abstract provided.

Immunization Governance Challenges Exposed By Covid-19: Missing Standards In Vacccine Surveillance And Adverse Events Following Immunization (Aefis), Shawn H.E. Harmon, David Faour

Georgia Journal of International & Comparative Law

No abstract provided.

Caste Discrimination And Federal Employment Law In The United States, Brian Elzweig

University of Arkansas at Little Rock Law Review

No abstract provided.

Diary Of An Afghan Woman Collection - September 2021

TSOS Interview Gallery

Four women share with us their daily lives in Afghanistan. Join them as they express their love for the country, the people, and each other; and as they share with you their deepest fears and most intimate moments.

They refuse to be silenced as they journey through this new, uncharted chapter in Afghanistan's history.

We at TSOS are honored to provide a platform for their voices to be heard. We will post entries as we receive them. For safety purposes, names have been changed and only avatars (designed with input from each woman) will be used.

ZOYA

Zoya is a …

Keeping Nutrient Pollution At Bay: An Analysis Of Efforts To Mitigate Non-Point Source Pollution In The Chesapeake Bay, Madison Hinkle

West Virginia Law Review

The Chesapeake Bay is one of the most important estuaries in the United States, adding to the region’s ecological, economic, recreational, historic, and cultural value. In 1982, a study was conducted that determined that a rapid loss of aquatic life in the Bay was due to nutrient pollution, specifically nitrogen and phosphorus, the majority of which is associated with the agricultural industry. A number of the jurisdictions2 within the Bay Watershed established the first Chesapeake Bay Agreement in 1983, aimed at abating the issues. Over the next four decades, the Agreement was then modified and resigned, additional jurisdictions have signed …

Suits Against Gas-Emitting Landfills In West Virginia: Identifying And Overcoming The Barriers, Shawn H. Hogbin

West Virginia Law Review

The U.S. in the past two decades has experienced an increase in class actions stemming from landfill odors, with many of these lawsuits utilizing the common law doctrines of nuisance, trespass, and negligence. Landfill odors impact nearby residents, making it unenjoyable for them to be outside on their lawns, and even in their homes. West Virginia’s sole appellate court, despite the state having 17 operational landfills and disposing of nearly 1.5 million tons of trash, has seen no such suit. This Note identifies whether West Virginia decisional law is prohibitive of this type of suit; it finds no clear legal …

The Enemy Is The Knife: Native Americans, Medical Genocide, And The Prohibition Of Nonconsensual Sterilizations, Sophia Shepherd

Michigan Journal of Race and Law

This Article describes the legal history of how, twenty years after the sterilizations began, the U.S. Department of Health, Education, and Welfare, in 1978, finally created regulations that prohibited the sterilizations. It tells the heroic story of Connie Redbird Uri, a Native American physician and lawyer, who discovered the secret program of government sterilizations, and created a movement that pressured the government to codify provisions that ended the program. It discusses the shocking revelation by several Tribal Nations that doctors at the IHS hospitals had sterilized at least 25 percent of Native American women of childbearing age around the country. …

Re-Imagining Risk: The Role Of Resilience And Prevention, Timothy Malloy

Nevada Law Journal

No abstract provided.

Nature’S Rights, Christiana Ochoa

Michigan Journal of Environmental & Administrative Law

Do forests and rivers possess standing to sue? Do mountain ranges have substantive rights? A recent issue of The Judges’ Journal, a preeminent publication for American judges, alerts the bench, bar, and policymakers to the rapidly emerging “rights of nature,” predicting that state and federal courts will increasingly see claims asserting such rights. Within the United States, Tribal law has begun to legally recognize the rights of rivers, mountains, and other natural features. Several municipalities across the United States have also acted to recognize the rights of nature. United States courts have not yet addressed the issue, though in 2017, …

Blazing A Path To Wilderness: A Case Study Of Impact Litigation Through The Lens Of Legislative History, Neil Kagan

Michigan Journal of Environmental & Administrative Law

Litigation can be a catalyst for legislation. Legislative history can reveal just how influential litigation is. The legislative history of the laws to designate wilderness in the 1980s provides an object lesson. It demonstrates that litigation both pushed Congress to act and shaped the legislation Congress enacted. This is especially true of the watershed year of 1984. That year, Congress enacted more wilderness laws and added more wilderness areas to the National Wilderness Preservation System in more states than in any other year. The legislative history of the 1984 wilderness laws embedded in bills, hearings, committee meetings, committee reports, and …

Composition Over Division: The Statutes Of The National Forest System, Jamison E. Colburn

Michigan Journal of Environmental & Administrative Law

In September 2020, the U.S. Forest Service took the extraordinary step of closing all 18 national forests in California. The risk of catastrophic fire had become so acute that tolerating any human visitors—who could ignite more—was no longer tenable. Damages from the fires of 2020 are still being tallied, but the catastrophe is hard to deny. Five of the state’s six largest fires on record occurred in 2020. Migrating birds dropped from the sky by the thousands from some combination of asphyxiation, exhaustion, and starvation. An estimated 80% of California’s watersheds had recently burned by 2019, leaving them immediately vulnerable …

Food For Thought: Increasing Access To And Coverage Of Eating Disorder Treatment In New York State By Amending The Definition Of "Substance Use Disorder", Meagan R. Nolan

Hofstra Law Review

No abstract provided.

Inalienable Citizenship, Irina D. Manta, Cassandra Burke Robertson

North Carolina Law Review

No abstract provided.

Composition Over Division: The Statutes Of The National Forest System, Jamison Colburn

Faculty Scholarship

Most crises like those facing the National Forest System (NFS) have complex origins. But few of them result from as vast or as tangled a range of causes as do those facing the NFS. Appropriations to fight the wildfires now consuming our forests and choking the West have steadily grown, far outpacing inflation for a generation now. Timber and other commodity production has remained at historic lows for as long. And biodiversity conservation measures cannot gain the acquiescence of different constituencies long enough to withstand the inevitable lawsuits or turnover in administrative personnel. If Congress originally expected that judicial oversight …

Who's Checking? A Proposal To Protect Employee Health Screening Data, Andrew Schuman

Hofstra Labor & Employment Law Journal

No abstract provided.

Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy

Dalhousie Law Journal

The Genetic Non-Discrimination Act (GNDA), passed by Parliament in 2017, seeks to protect Canadians’ genetic information. The GNDA establishes certain criminal prohibitions to the use of genetic information and also amends federal employment and human rights legislation to protect against genetic discrimination. However, we argue that the GNDA alone is insufficient to protect Canadians given constitutional limitations on the powers of the federal government. Areas of profound importance relating to genetic discrimination are governed by the provinces and territories. We identify three key areas of provincial/territorial jurisdiction relevant to protection against genetic discrimination and outline the applicable legislative environments. We …

Impact Of National And Municipal Environmental Standards On The Development Of Effective Solid Waste Management Systems In Jeddah, Kingdom Of Saudi Arabia, Raed Bin Sadan

Dissertations & Theses

The following research paper analyzes the impact of national and municipal environmental standards on the development of effective Solid waste management systems in Jeddah, Kingdom of Saudi Arabia. The research is essential in ensuring that there are notable positive changes in the disposal of solid waste by both the local government and the national government of the Kingdom of Saudi Arabia. The following paper follows a strategic plan and procedure in ensuring achievement of the goal and purpose of the research. The approach used in this paper is a comparison of the current local system and a proposed improvement of …

Why Disability Studies In Criminal Law And Procedure?, Jamelia N. Morgan

Journal of Legal Education

No abstract provided.

Securing Secrets: The Need For A Treaty Addressing State-Sponsored Economic Espionage, Jaylin Johnson

West Virginia Law Review

No abstract provided.

Consortial Cdl: Implementing Controlled Digital Lending As A Mechanism For Interlibrary Loan, Blc Controlled Digital Lending Working Group

Copyright, Fair Use, Scholarly Communication, etc.

Introduction

The Boston Library Consortium (BLC) was founded upon a shared commitment to promote cooperation in making resources more readily available. Consortial controlled digital lending (CDL) powerfully expands and reimagines resource sharing across the consortium.

In September 2020, the BLC Board of Directors convened a CDL Working Group charged with investigating delivery mechanisms, technology, workflows, policies, copyright and legal issues, shared storage solutions, and other actions related to a potential consortial implementation of CDL among interested BLC member libraries.

The Working Group consisted of fourteen representatives from eleven member libraries and the BLC’s Executive Director. For almost twelve months, the …

Commandeering The Indian Child Welfare Act: Native American Rights Exception To Tenth Amendment Challenges, Jessie Shaw

Cardozo Law Review

No abstract provided.

Linguistic Diversity, Equity And Health: ‘Do You Speak Covid-19?’, Laila C.A. Helmi

BAU Journal - Society, Culture and Human Behavior

With many languages of the world becoming marginalized, discriminated against and at times even facing extinction, the linguistic landscape of the medical and health-care context suffers many challenges. Most prominently, when medical / health staff and their patients do not speak the same language, health-care disparities arise. With COVID-19 sweeping through the world, language barriers multiplied, access to information became a privilege conditional upon competence in English or one of the major world languages, people’s perception of the pandemic became confused and health care was adversely affected. This paper attempts a review of some of the research conducted on the …

Usaha Tanpa Izin Lingkungan: Menilai Pertanggungjawaban Pidana Korporasi, Hariman Satria

Indonesia Criminal Law Review

PT Agro Indomas as a corporation was convicted of having committed a criminal act of running a business without an environmental permit, explicitly in Decision Number 77/Pid.Sus/2018/PN Tgt. This study method uses normative legal research, through a case approach and a conceptual approach. There are several findings in this study, namely: the expressive verbis a quo decision has met the formal and material requirements of the indictment. If seen from the prosecution letter, the a quo decision has a weakness, namely that there are no additional criminal charges in the form of corrections due to criminal acts. In the ratio …

Wandering With Artificial Intelligence And Its Obscure Legal Liability, Muhammad Pasha Nur Fauzan, Darian Amarta, Evan Tobias, Vikri Ricardo, Melania Fidela G.

Indonesia Law Review

The high level of autonomy of AI will raise the problem of legal liability at some point in the future. If AI’s behaviour causes an illegal consequence, who to held liable? This article will explore the problem concerning legal liability of AI into two main discussion. The first discussion will explore the possibility of imposing legal liability of AI to human. This part will discuss various available option to solve the AI liability problem by imposing legal liability on either users or manufacturers. While the second discussion will explore the possibility of imposing legal liability of AI to AI itself. …

Research On Legal Problems In And Countermeasures For Prevention And Control Marine Environment Pollution By Ships, Dapeng Sun

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Final 2021 Residential Metals Abatement Program (Rmap) West Elementary School Soil Remedial Action Work Plan (Rawp), Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Biology Is Important, But Does Not Necessarily Always Constitute A "Family": A Brief Survey Of The Uniform Adoption Act, Carrie L. Wambaugh

Akron Law Review

The Uniform Adoption Act [hereinafter "UAA"] recognizes that adoptive families are the "legal equivalent" to biological families. While recognizing biology is very important, the UAA contends that this biological fact alone will not be enough to trump the rights of adoptive parents and the child by ensuring stability and finality in adoptions. The child is the one with the most at stake and deserves protection from "transfer trauma" in contested adoptions. This Comment addresses the problems that adoptive families have confronted and explores certain provisions of the Uniform Adoption Act.

The Liability Of Health Care Providers To Third Parties Injured By A Patient, Samuel D. Hodge Jr.

Pace Law Review

Duty of care is a critical component of any negligence claim necessary to establish liability. It is well recognized at common law that a physician owes a duty to advise a patient but is not mandated to take affirmative measures outside the physician-patient relationship to protect a third-party. Health care providers may also be responsible for oversight, or the failure to safeguard a patient, due to a special relationship they undertake, such as failing to properly diagnose or recommend an appropriate treatment plan. Recently, the courts have struggled over whether public policy and fairness require the expansion of the law …

The United States Climate Change Policies And Covid-19: Poisoning The Cure, Carolina Arlota

Pace Law Review

Climate change is complex during the best of times. It is commonly conceptualized as the quintessential global collective action problem: it affects those who do not contribute to it while the benefits of climate change mitigation measures are not restricted to those who pursue such measures. This conceptualization illustrates the high transaction costs involved in domestic policies as well as in international agreements addressing climate change, and it is of academic and practical interest. As such, this Article discusses the current challenges that climate change policies face, focusing on the linkages between the climate change policies of the Trump administration …

Academic Library As Scholarly Publisher Bibliography, Version 2, Charles W. Bailey Jr.

Copyright, Fair Use, Scholarly Communication, etc.

Introduction

The Academic Library as Scholarly Publisher Bibliography includes over 175 selected English-language articles, books, and technical reports that are useful in understanding the digital scholarly publishing activities of academic libraries since the late 1980's, especially their open access book and journal publishing activities. The bibliography covers the following subtopics: pioneering academic library publishing projects in the 1980's and 1990's, early digital journals and serials published by librarians (as distinct from libraries), library-based scholarly publishing since the Budapest Open Access Initiative, technical publishing infrastructure, and library and university press mergers/partnerships and other relevant works.

Here is the Library Publishing …